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2025 DAILYLAW 103445 (ALL)

MOHIT KUMAR v. STATE OF U.P. AND ANOTHER

A482/34957/2024 · 2025-09-17

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 34957 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard Ms. Anish Lata Srivastava, Advocate holding brief of Mr. Pankah Kumar Tyagi, learned counsel for the applicant, learned AGA for the State and perused the record. The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 04.12.2017 passed by the learned Judicial Magistrate, Budhana, Muzaffar Nagar and entire proceedings of Complaint Case No. 1027/9 of 2017 (Rajneesh Mohan Sharma Vs. Mohit Kumar and Others), under Sections 406, 420 IPC, P.S. Budhana, District Muzaffar Nagar, pending in the court of learned Judicial Magistrate, Budhana, Muzaffar Nagar, including impugned Non Bailable Warrant dated 18.09.2024 issued by learned Judicial Magistrate, Budhana, Muzaffar Nagar. From the perusal of record it transpires that after obtaining bail, the applicant has not participated in the trial proceedings since 2018 and accordingly, the non-bailable warrant has been issued against him and thereafter, the proceedings u/s 82 and 83 Cr.P.C. has been initiated. Versus Counsel for Applicant(s) : Pankaj Kumar Tyagi Counsel for Opposite Party(s) : G.A. Mohit Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Accordingly, it is not a fit case to interfere, however, in case the applicant appears before the court concerned and participate in the court proceedings, he may apply for bail. With the above observations, this application under Section 482 Cr.P.C. is disposed of. September 18, 2025 Nisha A482 No. 34957 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad